General Railway Signal Co. v. Title Guaranty & Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 6, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The bond was invalid and of no effect and never became a binding obligation upon this defendant because it was not signed by the employee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 6, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The bond was invalid and of no effect and never became a binding obligation upon this defendant because it was not signed by the employee. (U. C. L. Ins. Co. v. U. S. F. & G. Co., 99 Md. 423; U. S. F. & G. Co. v. Ridgeley, 97 N. W. Rep. 836; Adelberg v. U. S.…
1Opinion of the CourtGray, J.
This action was brought upon a bond issued by the defendant to the plaintiff, by which the former agreed to indemnify the latter against any pecuniary loss occurring through the larceny, or embezzlement, of one of its clerks. Among other defenses, the defendant alleged the invalidity of the bond for not having been signed by the clerk. The plaintiff had judgment in its favor at the Trial Term and the affirmance of the judgment, at the Appellate Division, was by a divided court; the dissent being based, among other things, upon the ground of the invalidity of the bond, referred to as a…
2Cases cited1 opinion
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
3Cited by5 opinions
- Carrols Equities Corp. v. VillnaveAppellate Division of the Supreme Court of the State of New York · 1977
- American Surety Co. v. PangburnIndiana Supreme Court · 1914
- Prosser Power Co. v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1913
- Wilcock v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1916
- Fowler v. Title Guaranty & Surety Co.Supreme Court of Kansas · 1913